General conditions
A third country port may only be listed if:
(a)
it is located in the territory of a Contracting Party to the Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal Unreported and Unregulated Fishing ( 6 ) ;
(b)
it is not located in the territory of a country identified or notified of the possibility of being identified as a non-cooperating third country, in accordance with Chapter VI of Council Regulation (EC) No 1005/2008 ( 7 ) ;
(c)
it is not located in the territory of a country identified as allowing non-sustainable fishing pursuant to Article 4(1), point (a), of Regulation (EU) No 1026/2012 of the European Parliament and of the Council ( 8 ) ; and
(d)
it is a designated port for landing activities under SFPAs or other bilateral agreements concluded by the Union and third countries or within the framework of RFMOs, where applicable.
Specific conditions for accurate weighing
1. A port located in the territory of a third country may only be listed if procedures are in place to ensure:
(a)
the accurate weighing of all catches of fisheries referred to in Article 14(4), point (a), of the Control Regulation, when landed or transhipped in its port;
(b)
that the weighing referred to in point (a) is carried out under the responsibility of an independent third-party weigher complying with the minimum requirements set out in paragraph 2; and
(c)
that the independent third-party weighers complete a weighing record for each landing and transhipment of catches of fisheries referred to in Article 14(4), point (a), of the Control Regulation and transmit it to the operator and to the competent authorities of the flag Member State of the relevant fishing vessel.
2. The independent third-party weigher shall fully monitor the accuracy of the weighing of each landing and transhipment of catches of fisheries covered by Article 14(4), point (a), and shall meet the following minimum requirements:
(a)
be accredited in accordance with ISO 17020 type A or any other equivalent or more stringent standards that confirm the independence of the third-party weigher;
(b)
be authorised to the task of accurately weighing and registering catches by the competent authority of the flag Member State;
(c)
be impartial, free from any conflict of interest, and in particular not be in a situation which may, directly or indirectly, affect the impartiality of its professional conduct as regards the exercise of their tasks;
(d)
maintain a record of calibration of the systems used for the weighing, including a copy of calibration certificates;
(e)
have qualified staff with adequate training applied in their area of competence, including support staff, as appropriate; and
(f)
have access to the infrastructure and equipment to carry out the tasks assigned to it.
